Online Course and Membership Site User Agreement
Terms and Conditions – Christine Lutley, FibroCoach.Online (the “Provider”) agrees to provide you with access to Fibro Freedom Formula ~ You Healing You (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
Effective Date - This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
Program – The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, videos, audio files, forms, worksheets, checklists, live training sessions, recorded video sessions, live coaching calls, recorded coaching calls, and private discussion groups. The Provider may, or may not, introduce discounts or bonuses to Participants upon the purchase of other products or services.
Limited License – By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. The Participant is granted the right to download, store and print single copies of items comprising the Program. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
Copyright - The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
Course Registration – The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Online Course Fees – The fees for online courses shall be as set out in the Program website and offers from time to time. Prices may be subject to change at any time at the discretion of the Provider. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
Fees – The fees for any membership programs may be changed with 30 days’ notice to the Participant, OR could keep the same for the life of the membership in the Program at the sole discretion of the Provider. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
Membership Fees and Renewals – If the Participant has subscribed to a membership site or program as a component of the Program, the Participant agrees to the following terms of membership subscription:
Automatic Renewal – Unless cancelled by the Participant in accordance with cancellation policy in Clause 9, or refunded under the money-back guarantee in Clause 10, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.
Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date. The Provider may change the subscription fees for subsequent renewal periods in accordance with Clause 8.
Annual Subscription – After the initial annual subscription has been completed by the Participant and the annual subscription has been renewed, the Participant shall be entitled to cancel the subscription to the Program and receive a refund of annual subscription fees on a prorated basis based on the number of full months left unused.
Cancellation Policy – You may cancel your membership in writing by e-mail to Christine@FibroCoachOnline.com. Your subscription shall continue until the end of the current subscription period (monthly or annually). The Participant shall not be charged by the Provider for any membership fees after the current membership period.
Passwords - Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Credit Card Authorization – By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
In addition to receiving applicable Program correspondence via e-mail or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program. The Participant may unsubscribe from any such marketing lists without affecting access to the Program.
Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors, and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice, including medical advice, where appropriate.
Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
LIMITATION OF LIABILITY - Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES - The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
RELEASE AND INDEMNITY - The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof).
The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
Governing Law and Jurisdiction -The Program is operated by the Provider within the Province of Nova Scotia, Canada. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws of the
Province of Nova Scotia, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and
hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Nova Scotia, with respect to all matters relating to their access to and use of the Program.
Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations or refunds of your Program fees, please e-mail us at Christine@FibrocoachOnline.com.
- Entire Agreement - This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.
Our privacy commitment is based on the ten principles contained in the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”).
Personal Information under PIPEDA is any information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization.
Why do we collect Personal
We collect Personal Information to provide Coaching, Self-Healing, and Training Services and/or products to you. In addition, we distribute publications and offer educational opportunities concerning coaching and healing industries, which we provide as a service to you and others in our community.
The Company collects your information in order to record and support your participation in the activities you select. If you register to download a PDF or resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services.
How do we collect personal information?
We collect personal information only by lawful and fair means, and only collect personal information that is reasonably necessary for the legitimate purposes identified and for which consent has been obtained.
Information You Provide To Us.The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.
We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.
Information We Collect Through Automatic Tracking Technology
As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our Website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.
The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
Similar to other commercial websites, our Website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and websites visited just before and just after our own, as well as your IP address.
The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as required by law.
All e-mails sent by us will be in compliance with the Canadian Anti-Spam Legislation (“CASL”), including clearly stating who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
Collection from Third Parties
Sometimes we may obtain information about you from other sources including:
Government agencies or departments;
Professional Advisors including accountants, lawyers and financial advisors;
Real estate agents;
Credit Bureaus; or
Other third parties who represent that they have the right to disclose the information.
How do we use your information?
We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.
From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.
From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.
Disclosure of Information
As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action.
We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.
We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.
We may provide your information to any successor or assign in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business.
We may disclose information when legally compelled to do so when we, in good faith, believe that the law requires it, or for the protection of our legal rights, or when compelled by a court or other governmental entity to do so.
We use appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use or modification of personal information. Such measures will vary depending on the sensitivity, amount, format, nature and storage of the personal information and will involve, as applicable, physical, organizational and electronic security measures, including premises security, restricted file access, technological safeguards including security software and firewalls to prevent unauthorized computer access, and password and security policies. In communicating with us, you should be aware that e-mail is not a fully secure medium.
Updating Information and Correcting Errors
Since we use your personal information to provide goods or services to you, it is important that the information be accurate and up-to-date. If any of your information changes, is inaccurate or incomplete, please inform us so that we can make any necessary changes.
Access to Personal Information
We will respond promptly to any request for access to your personal information and will advise you of the cost, if any, prior to the retrieval of such records or information. We will not respond to requests for access to personal information that are frivolous, vexatious or repetitious. In certain circumstances, we may be unable to provide access to some or all of the personal information that we hold about you.
Visitor GDPR Rights
If you are visiting this Website from within the European Union (“EU”), you are entitled to certain information and have certain rights under the General Data Protection Regulation of the EU which include the following:
We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) We decide that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that we store and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the our processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
For more information about your rights as a website visitor from the EU and the GDPR, please see the European Commission website here - https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules_en.
Questions, Concerns or Requests for Access
Christine Lutley, Owner & Privacy Officer
127-3 Dillman Place
Dartmouth, Nova Scotia, B3A 1A6
Revised January 1, 2021
While these disclaimers are necessary and important, please know that they are written in the spirit of my hope that you will find our website and training highly informative and of true benefit in your own journey toward greater well-being, happiness, and thriving.
1. The information provided on this website is for educational purposes. It does not offer medical advice. Readers should make their own independent (inquiries and) judgments before acting on it.
2. The website does not create a professional relationship with the viewer.
3. The information provided should not be used as a substitute for any needed care from a licensed health or mental health professional.
4. FibroCoach.Online does not attempt to diagnose, treat, or cure illness.
5. Healing is a term which refers to the personal experience of overcoming suffering and achieving a sense of wholeness and wellness. It can be taught and learned. It happens internally, through our own intention (permission and effort). It is not from the outside. On the other hand, a cure or treatment is external as in from the outside.
6. Healing and energy modalities are considered experimental by most members of the medical profession.
7. Testimonials and explanations on this website do not constitute guarantees, warranties, or predictions.
8. Classes, books, videos, other programs, and practitioners are listed on this website to inform the viewer of available resources. Christine Lutley and FibroCoach.Online are not liable for the viewer's uses of these resources.
9. Any exploration of one's past or current difficulties, common practice among personal development approaches, might evoke uncomfortable memories or emotions. While these are on the path of personal growth, the individual undertaking such exploration assumes any, and all, associated risks.
10. Although the modalities presented are widely viewed as non-invasive and benign interventions into the human 4-body system, which like all things is energy, any modality that frees energies that have been blocked may cause mild reactions such as nausea, headache, or temporary pains, as the energies move and reset themselves. While such reactions should be noted and common-sense assessments made, they usually indicate that the procedures are working and benefits will persist after the discomfort has passed. It is also possible that a condition such as a cold or the flu was incubating, so it might appear that a cause-effect relationship was involved, when it was actually a matter of coincidence.
11. The viewer of this website assumes any and all risks associated with using information it contains, agreeing to hold harmless ChristineLutley and FibroCoach.Online or its owners, directors, employees, agents, and/or volunteers from any and all claims, demands, causes of action, liability, loss, damage, and/or injury that may occur out of the use of this website.
Copyright & Content
All content on the Website is protected by copyright, trademark and other applicable laws, and are the property of Christine Lutley & FibroCoach.Online, unless otherwise noted.
The full text of the Copyright Notice is:
© Christine Lutley FibroCoach.Online 2021
This website and its contents are protected by Canadian copyright law. Except as otherwise provided for under Canadian copyright law, this work and its contents may not be copied, published, distributed, downloaded, or otherwise stored in a retrieval system, transmitted or converted, in any form or by any means, electronic or otherwise, without the prior written permission of the copyright owner.
Limited License to Free Gifts and to Offers – The Coach’s copyrighted materials and tools are used in the course of marketing and providing Coaching Services.
Offers or Sales Pages:
These are pages that describe a particular program that is available for purchase.
As a website visitor, you are granted a single-use, non-exclusive, revocable license to download, use, and share offers only with people who have the same pain problem and might choose to become a client. In other words, you may download offers for your personal use and to share with friends. Offers are time-sensitive.
These sales pages are not to be used for as templates or models for any commercial use.
Free Gifts are for those who join the email list only. They may be downloaded and printed for your personal use, or for a family member living in the same household.
You are welcome to send the link to the Free Gifts page to your friends, or on social media. However, please do not share these gifts directly; they are gifts from the Coach and FibroCoach.Online. All ownership rights in any intellectual property related to the Coaching Services remain with the Coach and the Client may not use or reproduce any of the content in any manner, without the express written consent of the Coach.